A.K.Raghupathy Naidu v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5386 of 2019 A.K.Raghupathy Naidu ... Petitioner Vs.

The State rep. by the Sub-Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to grant police protection to the petitioner on the basis of petitioner complaint dated 25.02.2019 in CSR.No.70/2019 on the file of the respondent police.

For Petitioner : Mr.R.Karunagaran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for police protection to the petitioner on the basis of petitioner's complaint dated 25.02.2019 in CSR.No.70 of 2019 on the file of the respondent police.

2. It is seen from records that the petitioner has already filed a suit in O.S.No.167 of 2010 before the District Munsif Court, Tiruvallur and the same was allowed on 26.03.2018. Against which, the petitioner filed an appeal in A.S.No.17 of 2018 before the Subordinate Court, Tiruvallur. In the said Appeal suit, the petitioner has filed I.A.No.340 of 2018, seeking for interim injunction. The Appellate Court has also granted an order of injunction in favour of the petitioner.

3. The learned counsel for the petitioner would submit that in spite of the interim order passed, the plaintiffs are continuously interfering the possession and enjoyment of the https://hcservices.ecourts.gov.in/hcservices/

petitioner and they are causing threat to the petitioner and therefore, the petitioner gave a complaint to the respondent police seeking for police protection. Since the same was not considered, this petition has been filed seeking for appropriate direction.

5. Heard Mr.R.Karunagaran learned Counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent police.

6. Considering the facts and circumstances of the case, there are civil suits pending between the petitioner and the counter part, this Court directs the respondent police to conduct the enquiry with the aggrieved party and pass orders on the complaint given by the petitioner dated 25.02.2019.

7. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vsn/lpp To 1.The Sub-Inspector of Police, Pullarambakkam Police Station, Tiruvallur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Karunakaran, Advocate SR.No.18671 Crl.O.P.No.5386 of 2019 EV(CO) GMY(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/